The truck is in your driveway in Brampton. Half your furniture is on it, the crew is standing with their arms crossed, and the “estimate” of $1,800 has become a demand for $4,300 before anything comes off. Or the move went smoothly, except that the dining table now has a split leg and two boxes of photo albums never turned up. Or a letter from a storage facility says your things will be sold in two weeks.
Moving and storage disputes are stressful because the other side physically has your possessions. They are also small enough that many people give up, even though Ontario law gives consumers real tools. Some of the most useful ones come with short deadlines that you may not notice until it is too late.
This post is general information, not legal advice. The rules here are for typical consumer moves within Ontario. An interprovincial or international move, or a move for a business, may raise different issues, so check your contract and get advice about your own situation.
Know Who You Are Dealing With
Ontario does not license moving companies. Anyone with a truck can advertise, and some outfits with polished websites are little more than brokers who pass your job to whoever is available. Before you hire, or before you sue, find out the actual legal name of the business, not just its trade name. Check the corporate profile or business name registration, read the contract to see who is on it, and take a picture of the truck’s markings on moving day. You can’t enforce a judgment against a name on a flyer.
The Ministry’s guidance for hiring a mover suggests getting at least three written estimates, and checking the Consumer Beware List and complaint records. A reputable mover should want to see your things, or at least a detailed list. Very low phone quotes are often where these disputes begin.
Your Rights Under the Consumer Protection Act
The Consumer Protection Act, 2002 applies to most consumer moves. Note that a replacement statute has been passed, but the 2002 Act remains the one in force until it is proclaimed repealed. Here are some of its key protections.
Written contract. Ontario’s guidance says that a moving contract worth more than $50 must be in writing, and include the mover’s name, address and contact information, a description of services with an itemized price list, the total amount payable, start and end dates, and payment terms.
The 10 per cent rule. Under section 10, if a consumer agreement includes an estimate, the supplier cannot charge more than 10 per cent over it. If it does, you can require the mover to provide the services at the estimated price. The rule doesn’t stop you and a mover from agreeing to a higher price if you actually need more or different services. So on a $1,800 estimate, a charge above $1,980 needs a basis, such as a real and agreed change in the job. An unexpected “extra stairs fee” that you never agreed to may not qualify. Do not sign anything that describes extra charges as agreed unless you actually agree.
Unfair practices. It is an unfair practice to make a false, misleading or deceptive representation, or an unconscionable one. A consumer who entered an agreement after or while this occurred can rescind and claim any remedy available in law, including damages. If rescission is not possible, the consumer can recover the excess of the payment over the value received, or damages, or both. Notice must be given within one year of entering into the agreement. The notice can be in any form as long as it shows your intention and reasons, but it is wise to do it in writing, and keep proof of delivery. A court can also award exemplary damages.
Cancellation. If you signed the contract in your home, a 10-day cooling-off period generally applies, starting once you receive a written copy. Other time limits apply if you made the contract online or by phone, or if you didn’t get a proper copy. If you paid by credit card and have a valid cancellation right or were charged contrary to the Act, section 99 gives you a way to ask your card issuer to reverse the charge, following the required steps.
When a Mover Holds Your Goods
This is the scenario that frightens people most. Ontario’s guidance is direct: a mover cannot hold your belongings to pressure you into paying more than agreed, and it calls this an unfair practice and an offence.
A few practical steps in the moment:
- Stay calm, and do not get into a physical confrontation.
- Show them the written estimate and mention the 10 per cent rule.
- Offer to pay the amount you agree is owing, and put this in writing if you can, even by text.
- If you feel you have no choice, the government suggests writing “paid under protest” on the invoice and keeping a copy. You can then pursue the overcharge afterward.
- Call the police if you believe your belongings are being unlawfully held. The local force in Brampton is Peel Regional Police. Police may treat it as a civil matter, depending on the facts, so ask what they can do and record the occurrence number.
- File a complaint with Consumer Protection Ontario.
Do not rely on paying by a method you plan to reverse without grounds. Keep every photo, text and voicemail. A video of a demand for more money may be persuasive evidence later.
If the mover claims a right to keep your goods because of an actual dispute over charges, the Repair and Storage Liens Act could offer a route, discussed below. Some movers also claim contractual or carrier’s lien rights. Whether such a claim is valid depends on the facts. A lien for an amount you legitimately owe is different from a ransom for an inflated bill.
Lost or Damaged Goods: Rules for Carriers
Ontario has a regulation many people have never heard of. O. Reg. 643/05 under the Highway Traffic Act deems uniform conditions of carriage for household goods to be part of a contract of carriage to which the rules apply. They are set out in Schedule 3, and if your move falls under it, the terms are important.
The carrier is generally liable for loss of or damage to goods it accepts, with exceptions. The burden is on the carrier to prove no negligence for certain types of damage, such as fragile items it did not pack or the internal workings of electronics.
There is a formula for liability. The amount is the lesser of the value of the goods at the place and time of shipment, and the greater of the value you declared on the contract and $4.41 per kilogram of the total shipment weight. The consumer can also elect, on the contract’s face, a lower amount of $1.32 per kilogram per article, and if liability is calculated under the higher formula, you may pay an additional charge for that coverage.
Look closely at what you are signing. A $2,000 antique dresser weighing 60 kilograms could be worth only $79 under the lower per-article option, whereas a higher declared value might cover it. Many people tick a box on moving day without understanding this. Extraordinary items, such as documents, jewellery or cash, require a special agreement. It is better to transport them yourself.
Notice deadline. To make a claim, you must give written notice to the originating or delivering carrier within 60 days after delivery, or within nine months after shipment for non-delivery, with the particulars and an estimated amount. The final statement of claim must be filed within nine months after the date of shipment. The carrier must acknowledge your claim within 30 days. Don’t let a friendly conversation run out this clock. Other deadlines may be in your contract, and if you sign a delivery inventory, mark any visible damage on it before you sign.
Delay. The carrier must give a date or period for delivery. A failure to deliver within the time on the contract can make it liable for reasonable food and lodging.
Your own insurance. Check your home insurance policy, which might cover some losses, and ask whether it applies during a move or in storage.
Storage Facilities and the Lien Problem
Goods in storage bring in different rules. Under the Repair and Storage Liens Act, a storer has a lien on an article it has stored, for the amount agreed for storage or the fair value if no amount was agreed, and may retain possession until paid. Whether a particular facility fits this Act, and what its contract adds, should be checked, particularly for self-storage lockers where the operator might rely mostly on the contract’s own terms.
The main points for a customer:
- Right to sell. A storer has the right to sell an article under the Act once 60 days have passed after the amount owed became due.
- Notice. Before a sale, written notice of intention must be given at least 15 days ahead to the people the Act lists, generally including the person who delivered the goods.
- Goods you didn’t deliver. If someone else, such as your mover or ex-partner, put your items into storage, the storer that knows or has reason to believe this should give you notice within 60 days. If it doesn’t, its lien against you can be limited to charges for that 60-day period.
- Proceeds. Sale proceeds go through an order set out in the Act, with money left over belonging to others entitled to it, potentially including you.
Getting goods back during a dispute. Under section 24, if a lien claimant refuses to surrender an article and there is a dispute over the amount of the lien or the right to keep the article, the owner or a person lawfully entitled can apply to the court. This involves paying the full amount claimed into court, or depositing security, and then getting the goods released on the court’s certificate while the amount is argued over. It can be done in a court of appropriate monetary jurisdiction, so often the Small Claims Court, and it can be a practical way to get your property back without giving up the argument. If the amount at stake is small, however, weigh it against simply paying under protest and suing for the difference.
Open your mail while you have goods in storage. Keep your contact details current with the facility, and pay any amount that isn’t in dispute.
Building Your Claim
If a claim becomes necessary, Small Claims Court is usually the right forum for disputes up to $50,000, and the Brampton location is often convenient for a local customer. Your claim should be supported by:
- the estimate, contract, bill of lading or inventory, and invoices;
- photos of your items before and after, and of the truck;
- proof of the value of what was lost, such as receipts, replacement quotes or a repair estimate;
- all messages with the company, and proof of notice;
- a clear timeline of the move.
You may also claim costs of a hotel stay or other reasonable losses, where they can be proved and are connected with the breach. The general limitation period is two years from discovery of the claim, but remember that the carrier’s notice period and the one-year Consumer Protection Act notice are much shorter.
For overcharges, send a brief demand letter first, citing the estimate and the amount over 10 per cent, and give a firm date. It may be enough. If not, the firm’s page on small claim matters explains the type of work involved, and you can contact Sawan Law House LLP for a review of your contract and the correspondence so far. If your goods are being held or a sale notice has arrived, do not wait; bring those documents in first.